Brexit: Impact on EU Citizens' Rights
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Brussels-based NGO with over 25 years of existence
Mission:
•
Empower citizens to exercise their rights in the EU
•
Promoting open and inclusive decision-making process at EU level
How we do this?
•
Training and capacity building
•
Information services
•
Research, advocacy, events, etc.
04-10-24
2
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Many studies on economic & trade implications of Brexit
… but few on actual implications for EU citizens’ rights
Yet over 4 million citizens directly impacted
Joined efforts with other CSOs in summer 2016
•
European Disability Forum
•
EU Rights Clinic
•
New Europeans
•
& additional ad hoc partners & supporters
04-10-24
Title of the presentation
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Timeframe: Dec 2016 – Aug 2017
Aims:
•
General awareness-raising
about Brexit options and their impact on citizens’
rights
•
Information to professionals
providing advice to citizens
•
Campaigning and advocacy
for the best possible deal for citizens
Study is the starting point
04-10-24
Title of the presentation
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5
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The structure
Part I: Brexit & citizens’ rights
•
Full EU membership (
baseline scenario
)
•
New settlement for the UK (Cameron’s failed deal)
•
Norway model (
EEA membership
)
•
Switzerland model (
bilateral agreements
)
•
Canada model (
FTA
)
•
Turkey’s model (
Association Agreement
)
Part II: Brexit & access to EU funding
04-10-24
Title of the presentation
6
P
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RIGHT TO ENTRY
EU membership
: EU citizens only need a valid
ID card/passport to enter an EU country &
non-EU family members can obtain a visa for
free with accelerated procedure
Canada model
: no FoM of people foreseen in
CETA. Right of entry subject to national
immigration law & common rules on entry to
Schengen area. Canadians exempted from
visa for up to 90 days
Turkey model
: EC-Turkey Association
Agreement does not foresee a right of entry
for Turkish nationals, who are required to
hold a visa
04-10-24
Title of the presentation
8
No access
Partial/voluntary/special arrangement
Full access
RIGHT OF RESIDENCE
EU Membership:
EU citizens & their family members have
the right to reside in other EU Member States
•
No requirements for residence < 3 months
•
Requirements for > 3 months & automatic right to
permanent residence after 5 years
“safeguard measures” (Norway model) & no right of
permanent residence (Switzerland model)
Canada model
: right of residence subject to national
legislation. But CETA allows
temporary
transfers of key
personnel, business visitors & investors
Turkey model
: gradual accumulation of residence & work-
related rights for Turkish workers registered as belonging
to the labour force of a MS & their family members
unless they are family members of an EU citizen!
also EU migration rules for researchers, students, seasonal or
highly-skilled work
04-10-24
Title of the presentation
9
RIGHT TO WORK
EU membership
: EU citizens & family members can
look for a job in the EU under the same conditions
as country nationals & receive assistance by national
employment office
Canada model
: CETA does not guarantee a general
right to work.
But it allows corporate transfers &
temporary service provision by self-employed for
limited time without work permit or prior approval
Turkey model
: the right of Turkish nationals to move
to an EU country to take up their first employment is
governed by law of the host country, but gradual
accumulation of EU rights
04-10-24
Title of the presentation
10
SOCIAL SECURITY
EU membership
: EU has rules in place for the
coordination (not harmonisation) of social security
systems.
•
First 3 months: MS not obliged to grant social assistance
to jobseekers or unemployed
•
>3 months: social assistance may be made conditional
upon certain conditions
•
Workers entitled to social assistance
Turkey model
: measures under the Association
Agreement have extended the benefit of EU rules on
social security coordination to Turkish workers (not fully
implemented)
Canada model
: social security rights not guaranteed in
CETA
04-10-24
Title of the presentation
11
RIGHT TO DO BUSINESS, CONSUMER & PASSENGER RIGHTS
EU membership:
•
freedom of establishment & provide services
•
Consumer rights and passenger rights have a wider scope
Switzerland model
:
•
AFMP covers individuals who want to establish themselves as
self-employed in CH or provide services there. But companies
not
covered
•
No general agreement on FoM of services (only in a limited
manner)
Canada model
: CETA only foresees the temporary stay in the parties’
territories of natural persons (not companies) for business purposes.
Also some provisions on
temporary
cross-border provision of services
, but sensitive sectors excluded
Turkey model
:
AA does not provide for the right of establishment or
freedom to provide services. Chapters foreseen in the EU accession
talks but not yet opened. Conditions determined by national law
In the area of consumer protection & passenger rights most rights
guaranteed at EU level are NOT restricted to EU citizens
04-10-24
Title of the presentation
12
RIGHT TO NON-DISCRIMINATION
04-10-24
Title of the presentation
13
EU Membership
:
•
EUCFR ph discrimination based on any grounds
•
Several EU instruments in place to combat discrimination
(e.g. Directive 2000/78 on equal treatment in employment,
gender equality Directives, etc.)
Norway & Switzerland
: EUCFR does not apply but
several provisions in EEA & AFMP ph discrimination
(nationality). Norway also applies EU gender
equality directives. Switzerland ratified ECHR
Canada model
: No general provision ph
discrimination in CETA. But some provisions on
equal treatment & non-discrimination in limited
fields
Turkey model
:
•
Association Agreement ph discrimination on nationality
grounds and Turkish workers legally employed in EU
benefit from equal treatment regarding work conditions
•
Turkey has ratified ECHR, but legislation comparable to EU
standards not yet adopted
VOTING & POLITICAL RIGHTS
04-10-24
Title of the presentation
14
Only EU citizens can vote and stand as
candidates in EU and local elections in the EU
country where they reside (art. 20 and 22
TFEU)
Only EU citizens can participate in an ECI (art.
11(4) TEU) or seek consular or diplomatic
protection from another EU country abroad
(art 23 TFEU)
All these rights would be lost outside the EU
ACCESS TO EU INSTITUTIONS
04-10-24
Title of the presentation
15
EU citizens can interact with EU institutions in
various ways (art. 15 & 24 TFEU)
•
Right to petition the EP
•
to correspond with any EU institution and receive a
response in the 24 EU languages
•
to request access to public documents
•
to file a complaint before EU ombudsman
These rights are not limited to EU citizens, but
can be exercised by non-EU citizens residing
in the EU (including natural & legal persons)
Comparative
table
04-10-24
Title of the presentation
16
I
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c
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There is no ‘best alternative’ to EU membership for EU citizens in the UK and UK
citizens in the EU after Brexit
A choice will have to be made during the negotiations about which rights to
retain for the more than 4 million EU and UK citizens directly affected
Turkish model as a common denominator?
Whatever choices are made, they should be arrived at in close consultation with
citizens, social partners and elected representatives and not driven only by
governments
04-10-24
Title of the presentation
17
P
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Brexit should not have dramatic consequences on access to EU public funds if UK
agrees to continue to contribute to the EU budget
Participation of UK-based entities in EU funding achieved through an all-
encompassing agreement or bilateral agreements with the EU
Automatic exclusion from EU funds limited to MS: ESIF & CAP
But restrictions on FoM or its outright repeal, could mean that UK-based
organisations would no longer be eligible under some other programmes in
current terms
04-10-24
Title of the presentation
19
S
o
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c
o
n
c
l
u
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i
o
n
s
Brexit should not have dramatic consequences on access to EU public funds if UK
agrees to continue to contribute to the EU budget
Participation of UK-based entities in EU funding achieved through an all-
encompassing agreement or bilateral agreements with the EU
Automatic exclusion from EU funds limited to MS: ESIF & CAP
But restrictions on FoM or its outright repeal, could mean that UK-based
organisations would no longer be eligible under some other programmes in
current terms
04-10-24
Title of the presentation
20
EU Funding in Gibraltar
Estimated EUR 60 million channelled to Gibraltar by 2020 since first
allocation in 1990
…while not a big sum, it has meant a lot to stimulate job creation
Main EU funding streams in Gibraltar:
•
Funding supporting HE and research (H2020 & Erasmus+)
•
ERDF
•
ESF
•
Interregional cooperation programmes SUDOE & MED
04-10-24
Title of the presentation
21
04-10-24
Title of the presentation
22
Brussels-based NGO, The European Citizen Action Service, conducted a study on Brexit's impact on EU citizens' rights, outlining scenarios for the UK-EU relationship. The study aims to raise awareness, provide information, and advocate for the best deal for citizens, covering various Brexit options and their consequences.
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Presentation Transcript
The European Citizen Action Service The European Citizen Action Service presents: presents: 5 Takeaways on Brexit: Outlining Possible Scenarios for a New UK-EU Relationship and their Impact on Citizens 1
Who we are Who we are Brussels-based NGO with over 25 years of existence Mission: Empower citizens to exercise their rights in the EU Promoting open and inclusive decision-making process at EU level How we do this? Training and capacity building Information services Research, advocacy, events, etc. 05-10-24 2
Why this study Why this study Many studies on economic & trade implications of Brexit but few on actual implications for EU citizens rights Yet over 4 million citizens directly impacted Joined efforts with other CSOs in summer 2016 European Disability Forum EU Rights Clinic New Europeans & additional ad hoc partners & supporters 05-10-24 Title of the presentation 3
The overarching project The overarching project Timeframe: Dec 2016 Aug 2017 Aims: General awareness-raising about Brexit options and their impact on citizens rights Information to professionals providing advice to citizens Campaigning and advocacy for the best possible deal for citizens Study is the starting point 05-10-24 Title of the presentation 4
5 5 Takeways Takeways on on Brexit Brexit: : Outlining possible scenarios for a new EU Outlining possible scenarios for a new EU- -UK relationship UK relationship
The structure Part I: Brexit & citizens rights Full EU membership (baseline scenario) New settlement for the UK (Cameron s failed deal) Norway model (EEA membership) Switzerland model (bilateral agreements) Canada model (FTA) Turkey s model (Association Agreement) Part II: Brexit & access to EU funding 05-10-24 Title of the presentation 6
Part I: Brexit & Citizens rights Part I: Brexit & Citizens rights
RIGHT TO ENTRY EU membership: EU citizens only need a valid ID card/passport to enter an EU country & non-EU family members can obtain a visa for free with accelerated procedure Canada model: no FoM of people foreseen in CETA. Right of entry subject to national immigration law & common rules on entry to Schengen area. Canadians exempted from visa for up to 90 days Turkey Agreement does not foresee a right of entry for Turkish nationals, who are required to hold a visa model: EC-Turkey Association No access Partial/voluntary/special arrangement Full access 05-10-24 Title of the presentation 8
EU Membership: EU citizens & their family members have the right to reside in other EU Member States No requirements for residence < 3 months Requirements for > 3 months & automatic right to permanent residence after 5 years safeguard measures (Norway model) & no right of permanent residence (Switzerland model) Canada model: right of residence subject to national legislation. But CETA allows temporary transfers of key personnel, business visitors & investors Turkey model: gradual accumulation of residence & work- related rights for Turkish workers registered as belonging to the labour force of a MS & their family members RIGHT OF RESIDENCE unless they are family members of an EU citizen! also EU migration rules for researchers, students, seasonal or highly-skilled work 05-10-24 Title of the presentation 9
RIGHT TO WORK EU membership: EU citizens & family members can look for a job in the EU under the same conditions as country nationals & receive assistance by national employment office Canada model: CETA does not guarantee a general right to work. But it allows corporate transfers & temporary service provision by self-employed for limited time without work permit or prior approval Turkey model: the right of Turkish nationals to move to an EU country to take up their first employment is governed by law of the host country, but gradual accumulation of EU rights 05-10-24 Title of the presentation 10
SOCIAL SECURITY EU membership: EU has rules in place for the coordination (not harmonisation) of social security systems. First 3 months: MS not obliged to grant social assistance to jobseekers or unemployed >3 months: social assistance may be made conditional upon certain conditions Workers entitled to social assistance Turkey model: measures Agreement have extended the benefit of EU rules on social security coordination to Turkish workers (not fully implemented) Canada model: social security rights not guaranteed in CETA under the Association 05-10-24 Title of the presentation 11
RIGHT TO DO BUSINESS, CONSUMER & PASSENGER RIGHTS EU membership: freedom of establishment & provide services Consumer rights and passenger rights have a wider scope Switzerland model: AFMP covers individuals who want to establish themselves as self-employed in CH or provide services there. But companies not covered No general agreement on FoM of services (only in a limited manner) Canada model: CETA only foresees the temporary stay in the parties territories of natural persons (not companies) for business purposes. Also some provisions on temporary cross-border provision of services , but sensitive sectors excluded Turkey model: AA does not provide for the right of establishment or freedom to provide services. Chapters foreseen in the EU accession talks but not yet opened. Conditions determined by national law In the area of consumer protection & passenger rights most rights guaranteed at EU level are NOT restricted to EU citizens 05-10-24 Title of the presentation 12
RIGHT TO NON-DISCRIMINATION EU Membership: EUCFR ph discrimination based on any grounds Several EU instruments in place to combat discrimination (e.g. Directive 2000/78 on equal treatment in employment, gender equality Directives, etc.) Norway & Switzerland: EUCFR does not apply but several provisions in EEA & AFMP ph discrimination (nationality). Norway also applies EU gender equality directives. Switzerland ratified ECHR Canada model: No discrimination in CETA. But some provisions on equal treatment & non-discrimination in limited fields Turkey model: Association Agreement ph discrimination on nationality grounds and Turkish workers legally employed in EU benefit from equal treatment regarding work conditions Turkey has ratified ECHR, but legislation comparable to EU standards not yet adopted general provision ph 05-10-24 Title of the presentation 13
VOTING & POLITICAL RIGHTS Only EU citizens can vote and stand as candidates in EU and local elections in the EU country where they reside (art. 20 and 22 TFEU) Only EU citizens can participate in an ECI (art. 11(4) TEU) or seek consular or diplomatic protection from another EU country abroad (art 23 TFEU) All these rights would be lost outside the EU 05-10-24 Title of the presentation 14
ACCESS TO EU INSTITUTIONS EU citizens can interact with EU institutions in various ways (art. 15 & 24 TFEU) Right to petition the EP to correspond with any EU institution and receive a response in the 24 EU languages to request access to public documents to file a complaint before EU ombudsman These rights are not limited to EU citizens, but can be exercised by non-EU citizens residing in the EU (including natural & legal persons) 05-10-24 Title of the presentation 15
Comparative table 05-10-24 Title of the presentation 16
In conclusion In conclusion There is no best alternative to EU membership for EU citizens in the UK and UK citizens in the EU after Brexit A choice will have to be made during the negotiations about which rights to retain for the more than 4 million EU and UK citizens directly affected Turkish model as a common denominator? Whatever choices are made, they should be arrived at in close consultation with citizens, social partners and elected representatives and not driven only by governments 05-10-24 Title of the presentation 17
Part II: Brexit & access to EU funding Part II: Brexit & access to EU funding
Some conclusions Some conclusions Brexit should not have dramatic consequences on access to EU public funds if UK agrees to continue to contribute to the EU budget Participation of UK-based entities in EU funding achieved through an all- encompassing agreement or bilateral agreements with the EU Automatic exclusion from EU funds limited to MS: ESIF & CAP But restrictions on FoM or its outright repeal, could mean that UK-based organisations would no longer be eligible under some other programmes in current terms 05-10-24 Title of the presentation 19
Some conclusions Some conclusions Brexit should not have dramatic consequences on access to EU public funds if UK agrees to continue to contribute to the EU budget Participation of UK-based entities in EU funding achieved through an all- encompassing agreement or bilateral agreements with the EU Automatic exclusion from EU funds limited to MS: ESIF & CAP But restrictions on FoM or its outright repeal, could mean that UK-based organisations would no longer be eligible under some other programmes in current terms 05-10-24 Title of the presentation 20
EU Funding in Gibraltar Estimated EUR 60 million channelled to Gibraltar by 2020 since first allocation in 1990 while not a big sum, it has meant a lot to stimulate job creation Main EU funding streams in Gibraltar: Funding supporting HE and research (H2020 & Erasmus+) ERDF ESF Interregional cooperation programmes SUDOE & MED 05-10-24 Title of the presentation 21
05-10-24 Title of the presentation 22
